MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 July 2000                  
	DOCKET NUMBER:   AR2000038787

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he was a Sergeant, vice Corporal.   

APPLICANT STATES:  That he was discharged as a Corporal in 1946 after having served in World War II, but entered on active duty during the Korean War as a Private First Class.  After returning to the battlefield in Korea in 1951, subsequent to his hospitalization in Japan, he was promised a promotion to Sergeant by his former squad leader, who had just been appointed a second lieutenant.  Although the applicant was given a squad, his records did not arrive in time [and he was not promoted].  He has no evidence to offer other than his impeccable service record showing that he received numerous awards.  He was a Bataan death march survivor, a prisoner of war for 31/2 years, a Korean War veteran, and a recipient of the Bronze Star Medal, and three awards of the Purple Heart.  His son and family are trying to assist him in this matter.  He feels that both his past and his present service to his country merits this rank.  He is not asking for any back pay or benefits.  He hopes that the Board can see the justice of his case, and would be honored if his request was approved. 

With his request, the applicant submits a letter of appreciation from the brigade commander of the 2nd Brigade, 75th Division at Fort Sam Houston, a letter of support from that officer; and a letter of appreciation from the mayor of Rio Grande City in Texas.  Additionally, he provides a letter of support from his son.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered on active duty on 15 March 1941 and served in the Asiatic-Pacific Theater of Operations during World War II.  The applicant was reported as missing in action as of 7 May 1942 following the surrender of Corregidor in the Philippine Islands.  It was later determined that he was a prisoner of war in the Philippines from 9 April 1942 to 9 September 1945.  He was returned to military control on 10 September 1945.  On 17 September 1945 he was promoted to Corporal.

The applicant was discharged in the rank of Corporal on 12 May 1946.  His      WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was awarded the American Defense Service Ribbon with one bronze star, the American Theater Campaign Ribbon, the Asiatic-Pacific Campaign Ribbon with two bronze stars, the Philippine Defense Ribbon with one bronze star, the Army Good Conduct Medal, the Distinguished Unit Badge, the World War II Victory Medal, 7 overseas service bars, the World War II Lapel Button, and the Purple Heart.  He was later awarded the Bronze Star Medal and the Prisoner of War Medal.  

The applicant was ordered to active duty for one day on 30 August 1950 at Bergstrom Air Force Base in Texas in order to take a physical examination.  The order shows that he was in the Enlisted Reserve and that his rank was Private First Class.

The applicant was ordered to active duty from the Enlisted Reserve Corps on     11 October 1950 in the rank of Private First Class.  His DD Form 214 (Report of Separation) shows that he served with Company G, 15th Infantry, in Korea, and that he was wounded on two separate occasions.  Hospital admission cards created by the Office of The Surgeon General shows that the applicant was wounded in action on or about 30 January 1951, sustaining a penetrating wound to his leg; and that he was wounded in action on or about 17 June 1951,  sustaining wounds to his abdomen, abdominal wall and pelvis.  The applicant’s DD Form 214 shows that he was awarded the Army Occupation Medal (Japan), the Korean Service Medal, the Combat Infantryman Badge, and the first and second oak leaf clusters to the Purple Heart.  The applicant was discharged on   2 August 1951.  His DD Form 214 shows that his rank and date of rank at the time of his discharge was Corporal and 20 June 1951, respectively. 

The applicant was discharged from the Army Reserve on 6 January 1953.  The applicant’s records shows that he has since been awarded the second award of the Good Conduct Medal, the Asiatic-Pacific Campaign Medal with 3 bronze service stars, the National Defense Service Medal, the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, the Republic of the Philippines Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.   

 DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s commendable service to our country, during World War II and the Korean War, and his continued outstanding service as documented by the letters of support that he has received, are noted.  His sacrifices are indeed noteworthy as reflected by his service record, to include the decorations and awards that he has received.  

2.  The record, however, is clear.  He entered on active duty in 1950 as a Private First Class and was discharged on 2 August 1951 as a Corporal, having been promoted to that rank on 20 June 1951, three days after he received his second wound in Korea, and less than two months prior to his discharge.  The applicant’s contention that he was promised a promotion, may well have been so; however, there is no evidence of that promotion or of a recommendation for that promotion, as the applicant so acknowledges.   

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  Notwithstanding the applicant’s contentions, the Board cannot grant his request based on the evidence and the information given.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gdp__  ___mvt__  ___eb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038787	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803	100.00	
2.		
3.		
4.		
5.		
6.